Execution sale protection: a later private adjustment cannot defeat the auction purchaser's accrued rights under Order XXI.

After an execution sale has been duly completed, a later private adjustment between the decree-holder and judgment-debtor does not defeat the auction purchaser's accrued interest. Order XXI treats an adjustment under Rule 2 as operating only between the original parties, while a completed sale creates rights in a third-party purchaser. If the judgment-debtor seeks to avoid the sale, the remedy lies only in the procedure under Rule 89 by deposit within the prescribed time; where no such application is made, Rule 92 requires confirmation of the sale. A private arrangement cannot override these statutory steps, and the challenge to the sale was therefore rejected, with the matter remitted for decision on the remaining objections.

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Issues: Whether an out-of-court adjustment between decree-holder and judgment-debtor, made after an execution sale but before confirmation, could prevent confirmation of the sale or defeat the purchaser's interest.

Analysis: The relevant scheme of Order XXI treats an adjustment under Rule 2 as operating at a stage when the matter is still only between decree-holder and judgment-debtor. Once a sale has been effected, a third-party purchaser acquires an intervening interest. The only mode for the judgment-debtor to avoid a duly carried-out sale is the procedure under Rule 89, by deposit within the prescribed time, and Rule 92 requires confirmation of the sale where no such application is made. An adjustment between the original parties cannot override these provisions or nullify the auction purchaser's rights.

Conclusion: The purported adjustment did not prevent confirmation of the sale or defeat the purchaser's interest, and the contention against the appellant succeeded.

Final Conclusion: The orders below were set aside and the matter was sent back for determination of the remaining objections relating to the sale.

Ratio Decidendi: After an execution sale has been duly completed, the judgment-debtor cannot rely on a later private adjustment with the decree-holder to defeat the auction purchaser's accrued interest; the sale can be avoided only by the remedies specifically provided in Order XXI.

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